Terms of Service

INTRODUCTION

Please read this Terms of Service agreement carefully as it constitutes a legally binding agreement between you (hereinafter referred to as “you”) and Lend a Hand (hereinafter referred to as “Lend a Hand” “us,” “our,” or “we”). This agreement is in respect of access and use of Lend a Hand’s mobile application (hereinafter referred to as the “Lend a Hand App”) and Lend a Hand’s website (hereinafter referred to as the “Lend a Hand Website”), which allows “Customer(s)” (purchasers of services) and “Service Provider(s)” (providers of services) to find each other, communicate with each other, and arrange for the provision of house-work, yard-work, and/or any other service or job that may be offered from time to time. Collectively, the Lend a Hand App and the Lend a Hand Website constitute the “Lend a Hand Platform.” Collectively, Customers and Service Providers are referred to as “Users.” These Terms of Service apply to all Users of the Lend a Hand Platform. For greater certainty, “Users” includes Users who are providers of services, Users who purchase services, Users who download the Lend a Hand App, Users who access the Lend a Hand Website, and Users who simply view the content on or available through the Lend a Hand Platform As a User of the Lend a Hand Platform, you accept the terms of this agreement. If you do not agree with the terms of this agreement then you must not utilize the Lend a Hand Platform. Please also see our Privacy Policy. Our Privacy Policy contains important information about Lend a Hand’s practices on the collection, use, and disclosure of Users’ personal information submitted via the Lend a Hand Platform. The terms of the Privacy Policy are incorporated into these Terms of Service. Words and phrases which are capitalized but not defined in these Terms of Service have the meaning ascribed to them in the Privacy Policy. If you are using the Lend a Hand Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service. The term “User,” “you,” or “your” refers to the individual or legal entity, as applicable, accessing or otherwise using the Lend a Hand Platform. You must have reached the age of majority in your jurisdiction, or obtained the consent of your parent or legal guardian, in order to utilize the Lend a Hand Platform as a Customer or to operate as a Service Provider. The Lend a Hand etiquette guidelines apply equally to all Users and are incorporated into these Terms of Service. Lend a Hand may from time to time implement additional guidelines for use of the Lend a Hand Platform. Any such terms will be notified to Users and will be incorporated by reference into the Terms of Service.

Lend a Hand Services

You acknowledge and agree that the Lend a Hand Platform is made available to facilitate the provision of services, including, but not limited to, house-work, yard-work, and/or any other service or job offered by a Service Provider. You understand that Lend a Hand’s technology and services facilitate the transactions in certain jurisdictions and that Lend a Hand is not a Service Provider nor is Lend a Hand responsible for fulfilling services agreements between Customers and Service Providers. Lend a Hand is a neutral venue for Service Providers and Customers. We make no representations or warranties about the quality of any services provided by Service Providers, or about your interactions and dealings with Users. Service Providers listed on Lend a Hand are not under the direction or control of Lend a Hand, and Service Providers determine in their own discretion how to provide services. You should exercise caution and use your independent judgment before connecting with and engaging a Service Provider or otherwise interacting with Users via the Lend a Hand App. Users are solely responsible for making decisions that are in their best interests.

Liability

Take note that Part II, sections 7 and 8, contain important disclaimers and limitations of liability. In addition, Part II, section 10, contains provisions governing how claims you and Lend a Hand have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of this agreement. In particular, it contains an alternative dispute resolution process and you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. You acknowledge and agree that these Terms of Service are entered into between you and Lend a Hand. Neither Apple, Inc. ("Apple") nor Google, Inc. ("Google") (collectively, the "Download Service Providers") are parties to this Terms of Service agreement nor will they have obligations with respect to the Lend a Hand App. The Lend a Hand Platform may use services and content from Google Maps or Apple Maps. You acknowledge and agree that you are bound by the Google Maps or Apple Maps additional Terms of Service (including the Google Privacy Policy and the Apple Privacy Policy).

Modifications

These Terms of Service are subject to change by Lend a Hand in its sole discretion at any time to the fullest extent permitted by applicable law. When changes are made, the new Terms of Service will become a part of the Lend a Hand App in the next Lend a Hand App update. Downloading and updating the Lend a Hand App will make the new Terms of Service available to you, and you must agree to the new Terms of Service before accessing the Lend a Hand App. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using Lend a Hand App. Otherwise, your continued use of the Lend a Hand App constitutes your acceptance of such change(s). Please regularly check the Lend a Hand App to view the most current terms. In addition, the new Terms of Service will be made available on the Lend a Hand Website. If you do not agree to any change(s), you shall exit the Lend a Hand Website. Otherwise, your continued use of the Lend a Hand Website constitutes your acceptance of such change(s). Please regularly check the Lend a Hand Website to view the most current terms.

The Role of Lend a Hand

Lend a Hand is not an employment agency service or business, and Lend a Hand is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of Lend a Hand. Users hereby acknowledge and agree that (a) Lend a Hand does not (i) perform services nor employ individuals to perform services, (ii) supervise, scope, direct, control, or monitor Service Providers’ work (including that Lend a Hand does not set Service Providers’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Service Providers, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a service agreement will not, under any circumstances, create any responsibility or liability for Lend a Hand, nor any employment or other relationship between Lend a Hand and the Users or between the Customer and the Service Provider. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Lend a Hand. Lend a Hand is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including, but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, disability insurance, applicable VAT, National Insurance, employer’s liability, employer training tax, social security contributions, PAYE or other applicable payroll withholdings in connection with a User’s use of the Platform, or personal income tax. The Service Provider assumes full and sole responsibility for all required and applicable income tax and social contribution withholdings as to the Service Provider and all persons engaged by the Service Provider in the performance of the applicable services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines. Lend a Hand takes no responsibility and shall not be responsible for any User’s taxes or remittances.

GENERAL TERMS

Lend a Hand Accounts

• Accurate Information. You represent and warrant that all information supplied by you on the Lend a Hand Platform (including information provided by you to create an account for use of the Lend a Hand App (a "Lend a Hand Account") or in connection with your use of the Lend a Hand Services is true, accurate, current, and complete.
• Security of Lend a Hand Accounts. Any Lend a Hand Account must be kept secure, and you agree that you will not share or disclose your Lend a Hand Account credentials with anyone. No members of Lend a Hand will be liable for any loss or damage arising from your failure to safeguard your Lend a Hand Account, use a strong password, or limit its use to your Lend a Hand Account.
• Discretionary Access to Lend a Hand Accounts. Lend a Hand reserves the right to deny your request for a Lend a Hand Account (including usernames) and to disable or terminate access to any Lend a Hand Account (including usernames) issued to you at any time in Lend a Hand’s sole discretion. If Lend a Hand disables access to a Lend a Hand Account issued to you, you will be prevented from accessing the Lend a Hand App or the Lend a Hand Services, your Lend a Hand Account details or other information that is associated with your Lend a Hand Account.
• Suspension, Term, Termination and Deletion of Lend a Hand Accounts. We may suspend or terminate your ability to access the Lend a Hand App, or cease providing you with all or part of the Lend a Hand Services at any time for any or no reason, including, but not limited to, a failure to follow the Lend a Hand etiquette guidelines, or any other reason in our sole discretion. For the avoidance of doubt, this includes if we believe: (i) you may have violated these Terms of Service, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Lend a Hand Services to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the Lend a Hand App, or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by Lend a Hand in its sole discretion and that no members of Lend a Hand will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the Lend a Hand App. Any suspension or termination of this agreement by Lend a Hand will be in addition to any and all other rights and remedies that Lend a Hand may have.
• Account Deletion and Termination. You can delete your Lend a Hand Account at any time by logging into the Lend a Hand App, selecting the three-dot menu, clicking “Delete Account,” and following the instructions to complete the deletion process. Lend a Hand reserves the right to suspend or terminate your Lend a Hand Account if Lend a Hand believes that you have violated these Terms of Service, misused our services, or for any other reason (or not reason at all) in Lend a Hand’s sole discretion. If your Lend a Hand Account is terminated by you or by Lend a Hand for any reason, these Terms of Service continue and remain enforceable between you and Lend a Hand. Your information will be maintained and deleted in accordance with our Privacy Policy.

Licensed Access to the Lend a Hand Platform and Permitted Use

• Subject to your compliance with these Terms of Service, Lend a Hand hereby grants you a personal, revocable, non-exclusive, and non-transferable license to use the Lend a Hand Platform in accordance with these Terms of Service in the following manner depending on the type of User that you are:
  • For Customers, you may use the Lend a Hand App to view service postings, post requests for services, create an account, and connect with Service Providers and other Users. You may use feedback features of the Lend a Hand App to rate, post comments, ratings, and reviews (as applicable).You may also use the suggestion feature of the Lend a Hand Website to provide recommendations.
  • For Service Providers, you may use the Lend a Hand App to view requests for services, create an account, connect with Customers and other Users, and use the Lend a Hand App to manage the offer and fulfilment of services. You may use the feedback features of the Lend a Hand App to rate, post comments, ratings, and reviews (as applicable). You may also use the suggestion feature of the Lend a Hand Website to provide recommendations. (i)-(ii) constitute the "Permitted Use" as applicable for a specific type of User.
• Reservation of Rights. Lend a Hand retains the right, at its sole discretion, to deny access to anyone to the Lend a Hand Platform or the Lend a Hand Services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Service or use other than the Permitted Use. You will cease and desist from any such access or use of the Lend a Hand Platform or Lend a Hand Services immediately upon request by Lend a Hand.
• Geographic Application of the Lend a Hand Platform. The Lend a Hand Platform and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the Lend a Hand Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.
• Changes to the Lend a Hand Platform. Lend a Hand reserves the right to change or allow a third-party to change any information, material, or content (including, but not limited to, price, features, availability of services, Service Providers, posting, and rating/reviews of Service Providers) contained on or provided through the Lend a Hand Platform (the "Content") at any time, and from time to time, without notice. For greater certainty, the Content includes the User Content (as defined below).

No Unlawful or Prohibited Use

You may not, without Lend a Hand’s prior written permission, use the Lend a Hand Platform or any Content for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the Lend a Hand Platform and/or the Content to:

• "Frame," "mirror" or otherwise incorporate the Lend a Hand Platform, Lend a Hand Services, or the Lend a Hand Content or any part thereof at any time or for any reason including, but not limited to, on any commercial and/or non-commercial website;
• Access, monitor, or copy any part of the Lend a Hand Platform, the Lend a Hand Services, or the Lend a Hand Content using any robot, spider, scraper, or other automated means, or any manual process for any purpose without Lend a Hand’s express written permission;
• Violate any laws;
• Violate the restrictions in any robot exclusion headers on the Content or the Lend a Hand Platform or bypass or circumvent other measures employed to prevent or limit access to the Lend a Hand Services or the Lend a Hand Platform;
• Remove (or permit anyone else to remove) any watermarks, labels, or other legal or proprietary notices included in the Lend a Hand Platform or the Content;
• Modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Lend a Hand Platform, or any Service Provider offerings, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Lend a Hand App;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Lend a Hand Platform or impersonate another person or organization or misrepresent their affiliation with a person or entity;
• Attempt to, assist, authorize, or encourage others to circumvent, disable, or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Lend a Hand Platform or the Lend a Hand Services;
• Copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license, or circulate in any form any part of the Lend a Hand Platform or the Content;
• License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Lend a Hand Platform or the Content;
• Create derivative works based on the Lend a Hand Platform, the Lend a Hand Services, or the Content, in whole or in part, or decompile, disassemble, reverse engineer, or otherwise exploit any part of the Lend a Hand Platform, the Lend a Hand Services, or the Content;
• Use or access the Lend a Hand Platform in a manner that violates the rights (including, but not limited to, contractual, intellectual property, or proprietary rights) of any third-party; or
• Upload to or transmit through the Lend a Hand Platform any information, images, text, data, media, or other content that is offensive, harmful, tortious, hateful, obscene, defamatory, or violates any laws, regulations, statutes, or other guidelines, or is otherwise objectionable, in each case as determined by Lend a Hand in its sole discretion.

Intellectual Property Terms

• Content and Intellectual Property
  • Lend a Hand Content and Intellectual Property Rights. The Lend a Hand Platform and all content contained therein (excluding User Content as defined below), is owned or licensed by Lend a Hand and protected by copyright, trade-mark, and other intellectual property laws ("Lend a Hand Content"). Lend a Hand expressly reserves all rights in the Lend a Hand Platform and all materials provided by Lend a Hand in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title, and interest in the Lend a Hand Platform, all materials provided by Lend a Hand in connection with these Terms of Service (including the Lend a Hand Content), and any update, adaptation, translation, customization, or derivative work thereof, and all intellectual property rights therein will remain with Lend a Hand (or third-party suppliers or licensors, if applicable), and that the Lend a Hand Platform and all materials provided by Lend a Hand hereunder are licensed and not "sold" to you.
  • User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages, reviews, or other materials, whether publicly posted or privately transmitted to the Lend a Hand Platform by Users ("User Content"), is the sole responsibility of such Users. This means that the User, and not members of Lend a Hand, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available on the Lend a Hand Platform. Lend a Hand may monitor User Content from time to time but Lend a Hand does not guarantee the accuracy, integrity, or quality of such content. Under no circumstances will any members of Lend a Hand be liable in any way for any User Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted, or otherwise made available via the Lend a Hand Platform. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the Lend a Hand Privacy Policy and all other User Content will be considered non-confidential.
  • User-Related Content. Lend a Hand may collect data, information, records, files, materials, or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof ("User-Related Content"). You grant to Lend a Hand a perpetual, transferrable, irrevocable, royalty-free, worldwide, and sublicensable license to access, collect, store, and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the Lend a Hand Privacy Policy. User-Related Content is not considered confidential or proprietary.
User Content License to Lend a Hand. By submitting, posting, or displaying User Content on or through the Lend a Hand Platform or otherwise to Lend a Hand, you grant Lend a Hand, a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display, and otherwise use User Content, in whole or in part. You further grant Lend a Hand the right (although Lend a Hand does not have the obligation) to pursue at law any person or entity that violates your or Lend a Hand’s rights in the User Content by a breach of these Terms of Service. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, Lend a Hand has no obligation to post or display any User Content on the Lend a Hand Platform.
• Use of Lend a Hand Content and User Content by other Users. You may only use Lend a Hand Content and other Users Content (e.g. service postings provided by Service Providers) for the applicable Permitted Use. If you print extracts from the Lend a Hand Platform for your own personal, non-commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs, or videos separately from any accompanying text.
• Terms on Submissions / Feedback and Other User Content
  • Creating Submissions and Other User Content. Through the capabilities of the Lend a Hand Platform you may be able to provide ratings/reviews, suggestions, or other feedback ("Submissions"). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the Lend a Hand Platform any material or content which does or may:
  • Breach any applicable local, national or international law;
  • Be unlawful or fraudulent;
  • Amount to unauthorised advertising;
  • Contain any defamatory, obscene, or offensive material;
  • Promote violence or discrimination;
  • Infringe the intellectual property rights of another person;
  • Breach any legal duty owed to a third-party (such as a duty of confidence);
  • Promote illegal activity or invade another’s privacy;
  • Give the impression that they originate from us; or
  • Be used to impersonate another person or to misrepresent your affiliation with another person.
  • You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the Lend a Hand Platform.
    • Status of Submissions on the Lend a Hand Platform. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded, or transmitted to the Lend a Hand Platform that we determine breaches the restrictions set out above or is otherwise objectionable or may expose us or any third-parties to any harm or liability of any type, or for any reason in Lend a Hand’s sole discretion. Any Submissions on the Lend a Hand Platform is for information purposes only and does not constitute advice from us or the opinions of anyone associated with Lend a Hand. User Content may reflect the opinions of Customers who have provisioned Service Provider services through the Lend a Hand App and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of Lend a Hand assume any responsibility or liability to any person for any User Content, including, but not limited to, Submissions, and including without limitation any mistakes, defamation, obscenity, omissions, or falsehoods that you may encounter in any such materials.
    • Public Display of Submissions. You acknowledge that Lend a Hand may choose to provide attribution of your Submissions (for example, listing a date, User’s name, and city on a User’s rating/review that you submit) at Lend a Hand’s discretion, and that such User Content may be visible to other Users and visitors to the Lend a Hand Platform. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.
  • Note on Privacy. If you access any personal information through or in connection with the Lend a Hand Platform you agree that you will treat such personal information in accordance with Lend a Hand’s current Privacy Policy and you will not collect or harvest any personal information, including personal information of other Users, except as permitted by these Terms of Service.

  Advertising and Third-Party Websites

  • If you elect to have any business dealings with anyone whose products or services may be advertised on the Lend a Hand Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of Lend a Hand will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
  • The Lend a Hand Platform may provide links to third-party websites and such links are provided solely for your convenience. If you use these links, you leave the Lend a Hand Platform. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Lend a Hand Platform, you do so entirely at your own risk.
  • Lend a Hand reserves the right to prohibit or remove (or require you to remove) any link to the Lend a Hand Platform, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

  Availability and Updates

  • Lend a Hand may alter, suspend, or discontinue the Lend a Hand Platform or Service at any time and for any reason or no reason, without notice. The Lend a Hand Platform or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Lend a Hand may periodically add or update the information and materials on the Lend a Hand Platform without notice.
  • While we try to ensure the Lend a Hand Platform is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and no members of Lend a Hand will be liable to you if the Lend a Hand Platform is unavailable at any time or for any period.
  • Lend a Hand may upgrade or alter the Lend a Hand Platform at any time. Lend a Hand may remotely access the Lend a Hand Platform at any time for any lawful reason, in particular to update the software or to perform software maintenance.
  • Lend a Hand will not be responsible for any loss of services or revenue with respect to the unavailability of the Lend a Hand Platform.

  Disclaimers

  The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties, conditions, or representations. If these laws apply to you, some or all of the exclusions or limitations in these Terms of Service (including the following disclaimers and limitations of liability) may not apply and you may have additional rights.
  • Content. While we try to ensure that information on the Lend a Hand Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the Lend a Hand Platform including to services and prices described on it, at any time without notice. The material on the Lend a Hand Platform may be out of date, and we make no commitment to update that material.
  • Service Provider Actions and Omissions. The legal contract for the supply and provision of services is between the Customer and the Service Provider that you connect with. We have no control over the actions or omissions of any Service Provider. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Lend a Hand Platform.
  • We do not give any undertaking that the services purchased from any Service Provider through the Lend a Hand App will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
  • Estimated times for job completion are provided by the Service Provider and are only estimates. Neither we nor the Service Providers guarantee that services will completed within the estimated times.
  • We encourage all Service Providers to accept all service requests and connections and to communicate any rejection promptly. However, we do not guarantee that the Service Provider will accept all requests for services, and Service Providers have the discretion to reject services at any time because they are too busy, due to weather conditions, or for any other reason.
  • Service Disclaimers
    • Viruses. The downloading and viewing of the Lend a Hand Platform or the Content is done at your own risk. Lend a Hand cannot and does not guarantee or warrant that the Lend a Hand Platform or the Content are compatible with your mobile system or that the Lend a Hand Platform or the Content, or any links from the Lend a Hand Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices, or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, or any other system through which you elect to access the Lend a Hand Platform, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system, or any other system through which you elect to access the Lend a Hand Platform, that may be necessary as a result of your use of the Lend a Hand Platform.
    • Communications Not Confidential. Lend a Hand does not guarantee the confidentiality of any communications made by you through the Lend a Hand Platform. Although Lend a Hand generally adheres to the accepted industry practices in securing the transmission of data to, from, and through the Lend a Hand Platform, you understand, agree, and acknowledge that Lend a Hand cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Lend a Hand Platform.

  No Implied Warranties; Limitations of Liability

  • No Implied Warranties. The Lend a Hand Services, the Lend a Hand Platform, and the Content are provided "as is" without warranty or condition of any kind. To the fullest extent permitted by law, Lend a Hand disclaims all warranties, representations, and conditions of any kind with respect to the Lend a Hand Services, Lend a Hand Platform, and the Content whether express, implied, statutory, or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement or that the Lend a Hand Services, the Lend a Hand Platform, or the Content are or will be error-free or will operate without interruption.
  • Exclusion of indirect damages. In no event will Lend a Hand or any member of Lend a Hand be liable, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, for any damages of any kind (including, without limitation, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of revenue, loss of use, loss of data, personal injury, fines, fees, penalties, or other liabilities), whether or not Lend a Hand is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the Lend a Hand Services, the Lend a Hand Platform, or the Content.
  • No responsibility for Service Providers. Service Providers offering services through the Lend a Hand App are independent persons or organizations and not representatives, agents, or employees of Lend a Hand. Lend a Hand is therefore not liable for the acts, errors, omissions, representations, warranties, contractual breaches, or negligence of any Service Provider or for any personal injury, death, property damage, or other damages, loss and/or expenses resulting therefrom and takes no responsibility whatsoever for the services offered by Service Providers.
  • Limitation of liability. To the extent that the foregoing limitations do not apply, in no event will the total aggregate liability of Lend a Hand in connection with or under these Terms of Service, including in connection with your use of, or inability to make use of, the Lend a Hand Services, the Lend a Hand Platform, or the Content exceed: (i) the fees paid by you in the preceding 4 months for the Lend a Hand App; or (ii) CDN $100.00 (one hundred Canadian dollars), whichever is lower. For greater certainty, the existence of one or more claims under these Terms of Service will not increase the maximum liability amount.
  • Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Lend a Hand Platform, including without limitation costs relating to the servicing, repair, or adaptation of any equipment, software, or data that you may own, lease, license, or otherwise use.
  The limitations above reflect a fair allocation of risk but for which Lend a Hand would not make the Lend a Hand Platform and/or Lend a Hand Services available to Users. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

  Indemnification

  You shall indemnify, defend, and hold harmless Lend a Hand from and against any and all liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Lend a Hand Platform; (ii) your participation in services, or your ability or inability to perform services, or to receive payment therefor; (iii) your breach or violation of this agreement; (iv) your violation of any law or the rights of any User or third-party; (v) your use of any third-party links or websites that appear on the Lend a Hand Platform; (vi) any User Content submitted by you or using your account to the Lend a Hand Platform, including, but not limited to, the extent such content may infringe on the intellectual rights of a third-party or otherwise be illegal or unlawful; and (vi) the acts or omissions of any Customer agents or Service Provider agents. Lend a Hand reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Lend a Hand.

  Governing Law and Dispute Resolution

  • Governing Law. These Terms of Service will be governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Lend a Hand Platform, the Lend a Hand Services, or the Content, notwithstanding your domicile, residency, or physical location. The Lend a Hand Platform, the Lend a Hand Services, and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
  • Dispute Resolution Process.
    • Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Lend a Hand or any members of Lend a Hand, including any dispute or controversy arising out of or relating to these Terms of Service, the Lend a Hand Platform, or Lend a Hand Services, any interactions or transactions between (1) you and (2) Lend a Hand or any members of Lend a Hand, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties, or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.
    • Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Saskatchewan. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Lend a Hand will pay the reasonable arbitration costs.
    • Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity, and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join, or participate in a class action lawsuit, collective, or representative proceeding of any kind (existing or future) against any members of Lend a Hand.
    • Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of a breach by you of any intellectual property rights.

  Miscellaneous

  • Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to this agreement. The section headings in this agreement are for reference and convenience only and shall not be considered in the interpretation of these Terms of Service.
  • Entire Agreement. These Terms of Service, the Privacy Policy, and any documents incorporated by reference herein constitute the entire agreement between Lend a Hand and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Lend a Hand pertaining to the subject matter hereof. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • Notices. Lend a Hand may, in its sole discretion, provide any notices to you in connection with these Terms of Service through the Lend a Hand App or by email at the then-current email address for you on file with Lend a Hand. Lend a Hand may be contacted in writing at:
    126 Pringle Crescent
    Saskatoon, SK
    S7T 1C9
    or
    admin@lendahand.work
    
    Lend a Hand may change its notice contact information from time to time by updating these Terms of Service.
  • No Waiver. Lend a Hand’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right.
  • Force Majeure. Lend a Hand will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond Lend a Hand’s reasonable control, including, but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event.
  • Severability. If any of the provisions contained in these Terms of Service are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this agreement shall remain in effect.
  • Assignment. You may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer any of our rights or obligations under these Terms of Service without your prior written consent to any of our affiliates or any entity that we enter into a joint venture with, purchase, or are sold to.

  PURCHASE AND PROVISION OF SERVICES TERMS

  Lend a Hand Services

  Through the Lend a Hand App you may connect with and arrange for the provision of services from Service Providers, and Lend a Hand may provide technical support for the Lend a Hand Platform (these services and associated services and provision of access to the Lend a Hand Platform provided by Lend a Hand from time to time are the “Lend a Hand Service(s)”). For avoidance of doubt, Lend a Hand does not prepare or fulfil any arrangements for services or fulfill services directly and no members of Lend a Hand will be liable for any transactions between Customers and Service Providers. Job postings and services advertisements and other service provider-related information on the Lend a Hand App is content provided by the Service Provider and not Lend a Hand.

  Lend a Hand Account

  To use the Lend a Hand App and most features of the Lend a Hand Services, you are required to successfully create a Lend a Hand Account using the available interfaces on the Lend a Hand App.

  Connecting for Services

  • Once you have created your Lend a Hand Account you may connect with other Users for the purposes of obtaining and/or providing services.
  • We encourage Service Providers to accept all service requests and to communicate any inability or unwillingness to complete the job promptly. Service Providers have the discretion to not connect for the purposes of providing services.
  • You agree that Lend a Hand will have no liability to you for services that are not confirmed, are cancelled, or that the Service Provider has been unable or unwilling to fulfill.

  Service Support, Services Contract, and Refunds

  • Lend a Hand may offer support in respect of technical issues relating to the Lend a Hand Platform. If you have any problems or questions with respect to the Lend a Hand Platform, please contact Lend a Hand’s support team (and not the Service Provider) via the contact information provided on the Lend a Hand Platform.
  • The legal contract for the provision of services will in all cases be between the Customer(s) and the Service Provider(s). You acknowledge and agree that no member of Lend a Hand has any control over the quality of the services offered by Service Providers and that no members of Lend a Hand will have liability to you for any problems caused by the Service Provider in fulfilling the services arranged, without limitation, missed or late service fulfillment and any problems with respect to the quality of the services provided.
  • Lend a Hand is not liable for the provision of services that the Service Provider arranges with third-party providers.

  Price and Payment

  Prices of services and payment for services is solely between the Customer and the Service Provider. Lend a Hand is not responsible for setting prices and accepts no liability with regard to securing payment for services.

  Mode of Service Delivery

  You may arrange a time for when the services will be fulfilled. These times are only an estimate and Lend a Hand and the Service Provider offer no guarantee that these times will be achieved. Lend a Hand is not responsible for any delays in beginning or having services completed for any reason.